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from Part V - Internet Balancing Formula
Published online by Cambridge University Press: 22 February 2024
The IBF is a quotient of the relative numerical value of two fundamental rights – the numerical value assigned as a result of input elements for the right to privacy divided by the numerical value assigned to the freedom of expression as a result of input elements. The input elements are internet vulnerability, degree of interference into privacy, the element of time, public interest, public figure, how the information was obtained and empathy. The Internet Balancing Formula is capable of maximising the element of transparency and minimising the element of arbitrariness in private online balancing. It is therefore a tool that brings optimised order to the online dimension of conflicting fundamental rights. The formula can claim correctness in a given time–space related context. It is a rational, mathematical and living instrument.
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